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(영문) 대구지방법원 2017.08.25 2017고합29

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of 400,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault, such as repeatedly taking the victim’s head and shoulder in his/her hands, on two occasions, following the Defendant’s 139-lane (hereinafter referred to as “the victim D(41 tax”), which he/she had been driving in the back seat of his/her own taxi in front of the Gu office (hereinafter referred to as “Dong 2”) and moved to the front seat of his/her destination, Daegu-gu, Daegu-gu, Daegu-gu, and without any reason, while under the influence of alcohol.

2. On December 30, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) voluntarily accompanied the Defendant at the office of the central police station in Daegu-gu, Daegu-gu, 382, and the police station in charge of the same suspicion as the preceding paragraph; and (b) committed an act disturbing the Defendant’s revocation at the government office in order to identify the personal information, contact details, etc. in order to deal with the instant case after the Defendant voluntarily accompanied the Defendant at the office of the central police station in Daegu-gu, Daegu-gu, the police station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to the submission of a certificate of injury and the submission of a certificate of injury, and application of each investigation report (in relation to screen screen to the suspension of driver's and driver's failure);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers, the choice of imprisonment), Article 3-3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official document, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;

1. The order of provisional payment;